Is an abortion legal in Illinois? What to know after the leaked Supreme Court opinion draft

Zach Roth
State Journal-Register

After a Supreme Court draft decision overturning Roe v. Wade leaked Monday, concern is high over the fate of abortion rights in the United States. For millions of people, access will be cut off to services that would allow them to terminate their pregnancies prior to viability.

Of course, this won't be the case everywhere. While some states will take steps to further restrict access to abortion – in some cases, outright banning the practice – others will reaffirm their laws allowing people to get it. 

For people in Illinois, the potential of the end of Roe v. Wade has led to many questions about what's next – not just for those living in Illinois, but those from other states that may come to try and legally get an abortion. Here's what they – and everyone – should know.

More: Protestors gather outside federal courthouse to support abortion access

Is abortion legal in Illinois?

Yes, abortion has been legal in Illinois since the Roe v. Wade decision. For a time, Illinois was among the states with a "trigger law" that would reinstate restrictions on the practice if Roe was overturned, but it was taken off the books in 2017 upon the passing of HB40

In 2019, the state passed the Reproductive Health Act, legislation intended to act as protection against a potential overturn of Roe. The bills codified abortion rights into law, making abortion a "fundamental right" of people in Illinois.

How far along can someone have an abortion in Illinois?

One can have an abortion in Illinois up to viability, considered to be 24 weeks after conception. After that period of time, an abortion can only be performed if the mother is in medical distress.

Even if Roe is overturned, state law passed through the Reproductive Health Act would protect this period of time.

How many abortions are actually performed in the US?:Rates have declined for decades.

Is the abortion pill legal in Illinois?

Yes, the abortion pill is legal and can be provided up to 11 weeks after conception. It can be shipped to one via mail or it can be taken at an abortion facility, such as Planned Parenthood

Planned Parenthood's office in Springfield provides both the pill and the surgical procedure.

More:  Illinois lawmakers, officials respond to leaked draft

How much do abortions cost in Illinois?

To the patient, an abortion – without insurance – costs $400-700 for either the pill or a first trimester procedure. After the first trimester, costs can rise to $2,800. 

The Reproductive Health Act required most private insurers to cover abortions in the same manner as other medical procedures, with exceptions for self-funded employer plans.

What states near Illinois may ban abortions?

Illinois is likely to be an island among states in the Midwest in terms of abortion rights. State such as Kentucky, Michigan, Missouri and Wisconsin have "trigger" laws on the books that would ban abortion if Roe is overturned. Michigan, with a Democratic governor but a Republican legislature, is attempting to file a lawsuit in state court in order to strike the provision from state law.

Iowa passed a bill in 2018 that would ban abortion after a heartbeat was detected in a fetus, usually around six weeks. However, that particular legislation was found unconstitutional months later.

Indiana and Ohio are both expected to pass legislation banning the practice if Roe is officially overturned.

Contact Zach Roth: (217) 899-4338;; @ZacharyRoth13